Business & Commercial Law
Where Businesses Seek Solutions
At Schreiber | Knockaert, PLLC, when you hire us, you get us. When you call us, you get us. You get a unique game plan tailored to your case and your needs.
You get two attorneys trained at the largest law firms in the country. We are creative and smart and don’t back down from anybody. We started our own business, run our own business, and understand business. We give your business personal attention. We offer direct access to two experienced senior attorneys that can be difficult to match at larger firms where client matters are brought in by a senior attorney and handled by a relatively inexperienced junior attorney. We’re not afraid to go up against the largest law firms and businesses in the country and against the government itself.
Business and Commercial Litigation
At Schreiber | Knockaert, PLLC, we often represent small and mid-sized businesses, and individuals, in law suits against large businesses and the government. Commercial or business litigation takes many forms, including breach of contract, fraud, tortious interference with contract, business disparagement, quantum meruit (being owed for work done in the absence of a valid contract if the work was completed with the expectation of being paid), RICO, and unjust enrichment, among other causes of action. We bring business lawsuits and defend businesses who have been sued, often bringing counterclaims against the original filer.
In every business litigation case, we do what’s best for our client at every stage of the lawsuit. We don’t go in with the same worn playbook and try the same case over and over. We meet with the client, learn about the unique facts of the case, any unique terms of their relationship with their litigation opponent, and any unique facts of their business. We then formulate a plan to win the case.
Winning the case doesn’t have just one meaning. It does a business no good to bankrupt itself on legal fees only to get a paper judgment that it can’t collect. It also does a business no good to go too cheap in the prosecution or defense of its claims and hamstring itself. Sometimes the most important thing is to litigate to gain a good settlement. Other times, a company has to stand up to its competitor, and the cost of attorneys’ fees can exceed the relief sought. We don’t presume to make that decision for our clients. Rather, we develop a litigation plan with you that matches your business goals. We discuss the risks and costs of litigation, and the likelihood of outcomes, so we can craft a strategy with our clients that makes sense for them and their business.
We also represent clients in “bet the company” litigation where the very existence of the company is at issue – if they lose they lose everything. We also represent companies in relatively routine litigation. In every case, the goals of the client are assessed, understood, and acted upon. We are willing to use Alternative Fee Structures in the right situation, and are always happy to discuss billing clients in a way that fit their specific needs.
Business Formation, Contract Negotiation, and IP Review
We do more than litigate. We work with business clients to set up their business and transactions in ways that reduce litigation risk. We will meet with you and discuss your unique needs setting up your businesses. Cookie-cutter forms often get companies in trouble. We tailor our forms to your situation and anticipate future needs. Because we litigate business disputes, we are familiar with the areas of business agreements that tend to go wrong, and we have strategies to avoid those. We also offer flat-fees for business formation, which covers our consulting and advice. And we've helped existing businesses restructure to meet their changing needs or to comply with government regulations.
We regularly assist construction and engineering companies in reviewing and negotiating their subcontract agreements with huge construction companies and landowners. Even when you don’t need us to negotiate the dollars for the contract, we provide valuable advice on payment terms, indemnity agreements, noncompetition agreements, venue and arbitration clauses, intellectual property, and other terms – portions of contracts that are frequently litigated and less well-understood by non-lawyer businesspeople.
Erik Knockaert is an intellectual property attorney who spent years in patent and trademark litigation. We can help solve issues with IP disputes for patents, trade secrets, trademarks, copyright, and unfair competition. We also litigate IP disputes, protecting both business reputations and knowledge-based businesses’ most important assets.
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